480-115CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -115
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY A 11.455 ACRE TRACT OF LAND OUT OF THE
JAMES THORNHILL SURVEY, ABSTRACT NO. 1505, TRACTS 1A3A,
1A5, 1A7, 1E, and 1E1A , AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "SF-
20A" SINGLE - FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL` WELFARE DEMAND THE
ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City
acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as "AG" Agricultural under the City's Comprehensive Zoning
Ordinance; and
WHEREAS, a change in the zoning classification of said
property was requested by a person or corporation having a
proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at
a public hearing called by the City Council did consider the
following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public
and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise
producing elements and glare of the vehicular and stationary lights
and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of
this ordinance for off - street parking facilities; location of
ingress and egress points for parking and off - street loading
C: \ORD \ZONING \480.115
Page 1
spaces, and protection of public health by surfacing on all parking
areas to control dust; effect on the promotion of health ad the
general welfare; effect on light and air; effect on the over-
crowding of the land; effect on the concentration of population,
and effect on transportation, water, sewerage, schools, parks and
other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas,
further considered among other things the character of the
districts and their peculiar suitability for particular uses and
the view to conserve the value of the buildings, and encourage the
most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that there is a public necessity for the zoning changes,
that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not
unreasonably invade the rights of those who bought or improved
property with reference to the classification which existed at the
time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas,
does find that the changes in zoning lessen the congestion in the
streets, helps secure safety from fire, panic, and other dangers,
promotes the health and the general welfare, provides adequate
light and air, prevents the over - crowding of land, avoids undue
concentration of population, and facilitates the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has
determined that there is a necessity and need for the changes in
zoning and has also found and determined that there has been a
change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change
since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are
called for, and are in the best interest of the public at large,
the citizens of the city of Southlake, Texas, and helps promote the
general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive
Zoning Ordinance of the City of Southlake, Texas, passed on the
19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter
described areas be altered, changed and amended as shown and
described below:
Being approximately a 11.455 acre tract of land out of
the James Thornhill Survey, Abstract No. 1505, Tracts
1A3A, 1A5, 1A7, 1E, and 1E1A, and more fully and
completely described in Exhibit "A," attached hereto and
incorporated herein.
From "AG" Agricultural
to "SF -20A" Single- Family.
C: \ORD \ZONING \480.115
Page 2
Section 2. That the City Manager is hereby directed to
correct the Official Zoning map of the City of Southlake, Texas, to
reflect the herein changes in zoning.
Section 3. That in all other respects the use of the tract
or tracts of land herein above described shall be subject to all
the applicable regulations contained in said Zoning Ordinance and
all other applicable and pertinent ordinances for the City of
Southlake, Texas. All existing sections, subsections, paragraphs,
sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified,
verified, and affirmed.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been
designed, with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate
light and air; to prevent over - crowding of land; to avoid undue
concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, drainage and surface
water, parks and other commercial needs and development of the
community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character
of the district and its peculiar suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 5. That this ordinance shall be cumulative of all
other ordinances of the City of Southlake, Texas, affecting zoning
and shall not repeal any of the provisions of said ordinances
except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of the
zoning affecting any portion of the tract or tracts of land
described herein shall be declared to be invalid, the same shall
not affect the validity of the zoning of the balance of said tract
or tracts of land described herein.
Section 7. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 8. All rights and remedies of the City of
Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning which have accrued at the time of the
effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final
C: \ORD \ZONING \480.115
Page 3
disposition by the courts.
Section 9. The City Secretary of the City of Southlake is
hereby directed to publish the proposed ordinance or its caption
and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the
second reading of this ordinance, and if this ordinance provides
for the imposition of any penalty, fine or forfeiture for any
violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper
one time within ten (10) days after passage of this ordinance, as
required by Section 3.13 of the Charter of the City of Southlake.
Section 10. This ordinance shall be in full force and
effect from and after its passage and publication as required by
law, and it is so ordained.
A"4 P!!D AND APPROVED on the
1994.
A fill J14
:a
. ..... ....
P SSED AND APPROVED
1994.
e pitnm
1st reading the day of
YOR
ATTEST:
�.G.
WITY §E
on the 2nd reading the ,f day of
F-- • yc
is
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 5 _ 3—
ADOPTED:
EFFECTIVE:
YOR
ATTEST:
I
%` �L � 1 a SECRETARY
rL,fy
C: \ORD \ZONING \480.115
Page 4
EXHIBIT " A "
FIELD NOTES
11.455 Acres
JAMES THORNHILL SURVEY, ABSTRACT 1605
All that certain lot, tract or parcel of land located in the James
Thornhill Survey, Abstract 1505, Southlake, Tarrant County, Texas,
being all of that certain 5 acre tract conveyed to Margeret H.
McClendon by deed recorded in Volume 6591, Page 558, Deed _Records,
Tarrant County, Texas, all of that certain 3.78 acres conveyed to
Denver and Jackie Mills by deed recorded in Volume 7225, Page 841,
Deed Records, Tarrant County, Texas and all that certain 2.685
acres conveyed to Cecil Hancock by deed recorded in Volume 6691,
Page 562, Deed Records, Tarrant County, Texas and being more
particularly described in one tract as follows:
BEGINNING at a 1/2 inch iron pin found for the common Northwest
corner of said 2.685 Cecil Hancock tract and Southwest corner of
aforesaid 5 acre Margeret McClendon tract, said rod also being the
Southeast corner of Lot 9, Block 1, Southlake Hills Addition, Phase
I. according to the plat recorded in Cabinet A, Slide 1327, Plat
Records, Tarrant County, Texas and in or near a fence;
THENCE departing said 2.685 acres along or near a fence and with
the common west line of aforesaid Margeret McClendon 5 acres, in
the East line of Southlake Hills Addition, Phase I, North 00
degrees 02 minutes 42 seconds West 660 - 06/100 feet to a 1/2 inch
iron pin found in the East line of Lot 3, Block 4, of said Phase I,
said rod also being the cor...xon Northwest corner of said McClendon
5 acre tract and Southwest corner of Lot 5, Block 4, Southlake
Hills Addition, Phase II, according to the plat recorded in Cabinet
A, Slide 1324, Plat Records, Tarrant County, Texas;
THENCE departing said Phase I and with the line common to said
Phase II and McClendon 5 acre tract,'South 89 degrees 23 minutes 16
seconds East, along or near a. fence, passing a 3/8 inch iron pin
found for the common Northeast corner of said McClendon 5 acres and
Northwest corner of aforesaid 3.78 acre Mills tract and continuing
In all, along or near a fence, 602 - 35/100 feet to a 1/2 inch iron
pin found at the common most northerly Northeast corner of said*
Mills tract, Southeast corner of Lot 8, Block 4, Southlake Hills
Addition, Phase II and in a West line of that certain 240.99 acres
conveyed to Southlake Properties Joint -Venture, by deed recorded - in R
Volume 10132, Page 232, 'Deed Records, Tarrant County, Texas;
C: \0RD \Z0NING \480.115
Page 5
EXHIBIT " A "
THENCE departing said Phase II and with a line common to said 3.78
acre Mills tract and 240.99 acre Southlake Properties Joint Venture
tract, along and West of a fence, South 00 degrees 04 minutes 16
seconds East 170- 74/100 feet to a 3/8 inch iron pin found for a
common ell corner of said 3.78 acre Mills tract and a reentrant
corner of said 240.99 acre tract;
THENCE North.89 degrees 09 minutes 57 seconds East along - car near a
fence, 57 -01 /100 feet to a 3/8 inch iron pin found for the common
most easterly Northeast corner of 3.78 acre Mills tract and an ell
corner of said 240.99 acre tract and near the approximate common
survey line of the James Thornhill Survey, Abstract 1505 and the P.
J. Hyde Survey, Abstract 667;
THENCE along said approximate survey line and generally with a
fence with a line common to 3.78 acre Mills tract and 240.99 acre
tract, South 00 degrees 12 minutes 26 seconds East 359 - 30/100 feet
to a 1/2 inch iron pin found in the West line of said 240.99 acre
tract for the common Southeast corner of said 3.78 acre Mills tract
and Northeast corner of that certain 1 acre Quit Claim Deed to
Richard E. Osborn as recorded in Volume 9508, Page 333, Deed
Records, Tarrant County, Texas;
THENCE departing said survey line and 240.99 acre tract, along or
near a fence, and with a line common to said 1 acre Osborn tract
and 3.78 acre Mills tract North 89 degrees 27 minutes 06 seconds
West 332-22/100. feet to a 1/2 inch iron pin found in the East line
of aforesaid 5 acre McClendon tract for the common Southwest corner
of said 3.78 acre Mills tract and Northwest corner of 1 acre Osborn
tract;
THENCE South 00 degrees 28 minutes 56 seconds West with a line
common to aaid Osborn 1 acre and 5 acre McClendon tract and partway
with the approximate centerline of a 30 foot ingress and egress
easement as recorded in Volume 6193, Page 597, Deed Records,
Tarrant County, Texas, in all 130 - 66/100 feet to a 3/8 inch iron
pin found for the common Southwest corner of said Osborn 1 acre and
Southeast corner of McClendon 5 acre tract;
R
C A0RD \ZONING \480.115
Page 6
EXHIBIT "A"
THENCE South 00 degrees 00 minutes 55 seconds East continuing with
said approximate centerline of a 30 foot ingress and egress
easement and East line of aforementioned 2.685 acre Hancock tract
and West lines of that certain 2.5 acre tract conveyed to James T.
Bradley, et ux, by deed recorded in Volume 9149, Page 430, Deed
Records, Tarrant County, Texas and that certain 0.5 acre tract
conveyed to William E. Bell by deed recorded in Volume 7761, Page
1653, Deed Records, Tarrant County, Texas, in all 374 - 81/100 feet*
to a 3/8 inch iron pin found in the West line of said 0.5 acre Bell
tract for the common Southeast corner of said 2.685 acre Hancock
tract and Northeast corner of a 2.13 acre tract conveyed to Carrol
Lynn Hjorth by deed recorded in Volume 8765, Page 331, Deed
Records, Tarrant County, Texas;
THENCE North 76 degrees, 59 minutes 12 seconds West with a line
common to said 2.13 acre Hjorth tract and 2.685 acre Hancock tract
158 - 68/100 feet to a 1/2 inch iron pin found at an angle point and
continuing with said common line South 79 degrees 19 minutes 32
seconds West 175 - 03/100 feet to a 1/2 inch iron pin found for the
common Southwest corner of said 2.685 acre Hancock tract,
Northwest corner of 2.13 acre Hjorth tract and in the East line of
that certain Tract A, 1.526 acres, conveyed to Chandler, et ux, et
al, by deed recorded in Volume 9985, Page 893, Deed Records,
Tarrant County, Texas and in or near a fence;
THENCE along or near a fence and with a line common to said
Chandler, et ux, et al tracts A & B and 2.685 acre Hancock tract,
North 00 degrees 04 minutes 42 seconds West 374- 57/100 feet to the
place of beginning, and containing some 11.455 acres or 498,968
square feet.
c:\ORD\zornNC \480.115
Page 7
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
1111 STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Sheila Brown Billing Specialist for the Fort Worth
Star—Telegram, published by the Star—Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE 1 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH./LINE
MAR 18 2639729 CL . 358 1X61 L 61 . 46 28. 06
mar 18 -
NOTICE OF -
PUBLIC HEARING
NOTICE�IS HEMV5 vp
P ft ihatthe tv outhiaun-
.cFof the City of Southlake,
Texas,will be holding a public
hearing during the Regular
City Council meeting to be
I ping at 7:00 p.m.Th een- _..... -.-_..
p meeting ........... ........._.
will be held in the City Councl I
Chambers of 9City Hall, 667
the public
l wing or in id_South-
lake, Texas. The purpose of
CIT
OF
SOUTHLAKE TEXAS
ORDINANCE NO.480-115511 .......
An ordinance amending Ordi-
nance kJu.4)
Hance No. 480, as amended,
the Comprehensive Zoning I E D
Ordinance of The City of South-
UBSCRIBED AND SWORN410 changeonsagcerialnira°anio THIS THE 18' D Y OF March 1994
iractsof IandwlThlntheCitvofSout NOTARY PUBLIC tract fla Texas being ap- . /
proximately a 11.455 acre (/,G
tract of land OUT of the James ,. / ...
Thornhill Survey, Abstract
No. 1505, Tracts ,an lose TARRANT COLN Y 1 TEXAS
1A7,lE,and Tracts 3A, 1Ae
fully and completely de-
scribed In Exhibit"A"from
AG"Agricultural to SF-
20A"Single-Family Residen-
tial District sublect to the spe-
cific requirements contained �...��
In this ordinance; Map;correcting + a•y-n9.�cll
The Official Zoning Map pre- LINDA K. BLEVINS
serving all other portions of O _ ',,,
the zoning ordinance; deter- �i• / . COMMISSIOV EXPIRES
mining that the public inter- r
•
est,morals and general zoning
y:,-.Ni. i7LI SEPTEMBER 13. 1997
changes demand
mendments ,��hrf"'Er'
herein made;providing that
L this ordinance shall be cumu- _
TEAR ALONG THIN vldrneea severablalyy dausee; :TURN THE LOWER PORTION WITH YOUR PAYMENT
providingfor apenaityfor vio-
lations hereof; providing a
savings clause;providing for
newspatlon In the official REMIT TO : 400 W . SEVENTH, FW, TX 76102
newspparrer;and providing an
effective date.
City
Texas
'CI1 vSecretaeGrand PC�f f TC: 1'► IX'�X (9�(1XXXxX �Q1-2051
2Fort Wqth r-
6 9
NUMBERACCOUNT CIT57 AMOUNT
28 . 06
�. PAGE OF 1
4111 CITY OF SOUTHLAKE
667 N CARROLL AVE 28. 06
SOUTHLAKE TX 76092-9595 THISAMOUNT
ATTN : SANDY
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
SSTATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant
County , Texas ; and who, after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates:
SOUTHLAKE TEXAS
Sr ORDINANCE enndl Ordi-
nance No. 480, as amended
the Comprehensive Zoninc
Ordinance of theCityof South
lake,Texas;grantingazonint TOTAL
DATE AD INVOICE NO. DI change on a certain tract or AD SIZE INCH/LINE RATE AMOUNT
tractsof IandwlthintheCityo-
Southiake, Texas being ap
APR 08 2650923 CL . 358 t practofllanidyoutofl,eJaries 1X 6L 6 4 . 91 29. 44
Thornhill Survey Abstract
a p r 8No. 1505, Tracts IA3A 1A5,
1A7,1E,and 1E1A an more
fully and completely de-
scribed In Exhibit"A"from
"AG" Agricultural to "SF-
20A"SIngle-Family Residen-
tial District subiect to the spe-
cific requirements contained
in this Ordinance;correcting
the Official Zoning Map;per-
serving all other portions of
the Zoning Ordinance;deter-
minn9 that the public interest,
morals and general welfare
demand the zoning changes
and amendments herein
made;providing that this Or- •
dlnanceshall becumulativeof
all ordinances; providing a
severabllity clause; provid-
ing for a penalty for violations
hereof; providing a savings
clause;providing for publica-
tion In theofficial newspaper; • ram+_
and providing an effective 4 E D ,(1 `_
UBSCRIBED AND SWORN Tdate THIS THE DAY OF
4111 Section 7.Any person,firm or
corporation who violates,di-
sobeys,omits,neglects or re- NOTARY PUBLIC
fuses to comply with or who
resists theenforcementof any
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars TARRANT _COUNTY,`-TEXAS
(S2,000.00) for each offense.
Each day that a violation is - ---------'--'-
permitted toexist shall consti-
tute a separate offense. ,, nl{
Passed and approved in sec- "y'`"�� sA�
ond reading,bytheCitvCoon- 4ZIA '..Vi ° i `' ^e,.
cfli this the 5th day of April, -- �7 - �....`t��Tt r�5 v t..�
Gary Fickes, % •'``.<15w'( t, >! CU}Yi I,,, • 'a•G
Mayor of Southiake f f T 1�:+J
Attest:Sandra L.LeGrand, +r,?• �s" .Wtd...__ A �U1 )�'
City Secretary p�;Q••••;•��
III,/
Approved , ,,.�*
To Form:
Wayne K.Olson,
City Attorney
—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
REMIT TO : 400 W . SEVENTH , FW , TX 76102
-,,,
Fort Worth 92 Star-Telegr26503 ACCOUNT NUMBER CIT57 AMOUNT
DUE 29 . 44
PAGE OF 1
• CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 29 . 44
SOUTHLAKE TX 76092-9595 THISAMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED